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HomeMy WebLinkAboutHome occupation Redline EditsTown of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2025-10-29 § 240-46. Home occupation. [Added 8-17-1995 by Order No. 95-195; amended 9-15-2022 by Order No. 2023-011] A. Intent. It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within a dwelling, subject to the provisions of this section, provided that: the activity Home Occupation shall not be discernible from outside the dwelling except as provided herein; there the Home Occupation shall be no increase innot create any noise or odor; there shall be no visible alteration to the premises which would suggest anything other than a residential use; there shall be no increase in traffic above normal residential volumes; and there shall be no increase in air or groundwater pollution. B. Definitions. Building Commissioner – Duly appointed building commissioner or his designee acting as the zoning enforcement officer. Commercial Vehicle – Any vehicle that meets the definition of “Commercial Plates Required Vehicle” as set forth in 540 CMR 2.05(3). Contractor’s Storage Yard – Keeping of materials in trade outdoors, such as: lumber, granite, windows and other such bulk materials, including, but not limited to, stone, gravel, mulch and firewood beyond the limits of personal use. Home Occupation – A business with a primary business address located within a residence or on a residential property. Home Occupation License – A license issued to a Responsible Party permitting that individual to have a Home Occupation within their residence or on their residential property. Kennel – Premises used for the harboring and/or care of more than six dogs or other domestic non-farm animals six months old or over. Town of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2025-10-29 Park-and-Ride – a location at which drivers leave their vehicles to get into another vehicle to go to another location. Responsible Party – Any individual in possession of a Home Occupation License issued by the Town of Barnstable. Trailer – any vehicle or object on wheels and having no motive power of its own, but which is drawn by, or used in combination with, a motor vehicle. C. A home occupation shall be permitted in all zoning districts as of right, subject to the following conditions: (1) The Home Occupation activity is conducted by a permanent resident of a dwelling unit, located within that dwelling unit, or within an accessory structure located on the same lot, subject to the limitations herein. (2) Such use is clearly incidental to and subordinate to the principal use of the premises or occupants for residential purposes. (3) A Home Occupation shall require a Home Occupation License issue by the Building Commissioner or his designee. (2)(4) Any vehicle associated with the Home Occupation and which meets the definition of Commercial Vehicle shall display a commercial registration number plate as required by 540 CMR 2.05. (3)(5) Such use occupies no more than 20% of the gross square footage of the dwelling unit, including office and storage areas combined, unless relief is granted by special permit as provided by Subsection CE(1)(a) below. Such use within an accessory structure shall occupy no more than 200 square feet unless relief is granted by special permit as provided by Subsection CE(1)(fe) below. (4)(6) There are no external alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use except as provided herein. (5)(7) The use is not objectionable or detrimental to the neighborhood and its residential character. (6)(8) Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from a residential use, considering volume, hours, vehicle types and other traffic characteristics, including, but not limited to, an increase of traffic and/or presence of vehicles due to frequent pick-up or drop-off of equipment, materials, or supplies.. (7)(9) The use shall not involve the production of offensive noise, vibration, smoke, dust or other particulate matter, odors, electrical disturbance, heat, glare, humidity or other objectionable effects. (8)(10) There is no storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of normal household quantities. (9)(11) Any need for parking generated by such use shall be met on the same lotpremises containing the customary home occupationthe Home Occupation, but not on grass, Town of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2025-10-29 lawn, or landscaping. and not within the front yard.Parking associated with the Home Occupation shall not displace resident vehicles into the roadway. (10)(12) There is no exterior storage or display of materials or equipment.All supplies, materials and equipment associated with the Home Occupation shall be kept in a garage, shed or other enclosed structure or in or on a Commercial Vehicle or trailer allowed on the premises under this Section. (11)(13) There are no commercial vehicles related to the home occupation, other than one van or one pickup truckCommercial Vehicle and/or trailer not to exceed one-ton capacity, and one trailer not to exceed 20 feet in length and not to exceed four tires, parked on the same lot containing the homepremises containing the Home Occupation. (14) If more than one Home Occupation is licensed, any additional Commercial Vehicle and/or trailer associated with the second Home Occupation may be parked on the premises only by special permit as set forth in Subsection E(1). Except as authorized under Subsections C(13) and E(1), any Commercial Vehicles or trailers associated with the Home Occupation(s) must be located off-premises at a storage facility or other private property. Town of Barnstable, MA § 240-46 § 240-46 Downloaded from https://ecode360.com/BA2043 on 2025-10-29 occupation. This section does not apply to residents of a dwelling who park take-home work vehicles that are not registered to them and that do not have a home occupation on-premises. (15) No sign shall be displayed indicating the home occupation. (16) If the home occupation is listed or advertised as a business, the street address shall not be included. (17) No more than one nonresident employee may be employed on the premises of a home occupation, except pursuant to a special permit in accordance with Subsection EC(1)(c) below. (18) The property on which the Home Occupation is located shall not serve as a Park and Ride. (17)(19) There shall be no more than two (2) Home Occupations licensed on the premises. (18)(20) Home occupations shall not include such uses similar to, and including the following: (a) Barber- and beauty shops. (b) Commercial stables or kennels. (c) Offices which provide public access, provided that offices that are used only for administrative purposes shall be permitted. (d) The sale of retail or wholesale merchandise from the premises, with the exception of online or mail order sales. The storage of merchandise is included in the total area limits of the home occupation subject to Subsection CB(53) above. (e) The sale of antique or secondhand goods, with the exception of online or mail order sales. The storage of merchandise is included in the total area limits of the home occupation subject to Subsection BC(53) above. (f) Service or repair of vehicles, and gasoline- or diesel-powered machinery. (g) Contractor's storage yards. Contractor's storage yard includes the keeping of materials in trade outdoors, such as: lumber, granite, windows and other such bulk materials, including but not limited to stone, gravel, mulch, firewood, etc., beyond the limits of personal use. (h) Veterinary services. (i) The manufacture of goods using heavy machinery. (j) Medical or dental practice. (k) Fortune-telling or palm reading. D. Home Occupation License. Applicants shall be required to receive a Home Occupation License from the Building Commissioner or his designee for each Home Occupation located within a residence or on a residential property. a. All Responsible Parties shall make application to renew their Home Occupation Town of Barnstable, MA § 240-46 § 240-46 Downloaded from https://ecode360.com/BA2043 on 2025-10-29 Licenses annually. Renewals are subject to approval and may be withheld for violations of the Barnstable Town Code, including, but not limited to, the requirements set forth in this Section. b. A Home Occupation License shall be for a term of one (1) calendar year, beginning on January 1. License fees shall not be pro-rated when obtained after January 1. c. Home Occupation Licenses shall include, at a minimum, the following information: A license number, name and photo of the Responsible Party; the location of the Home Occupation; license plate numbers of all commercial vehicles associated with the Home Occupation; telephone number of the Responsible Party; email address of the Responsible Party; and location of off-premises parking associated with the Home Occupation. d. A Home Occupation License may be revoked by the Building Commissioner or his designee for cause, including, but not limited to: i. Violation of any of the provisions of this Section. ii. Providing false information in any application associated with the Home Occupation. iii. Parking business-associated vehicles in violation of what is allowed by this Section. iv. Failing to register vehicles associated with the Home Occupation as required by Subsection (C)(4). v. Failure to timely communicate with the Building Commissioner or his or her designee during any enforcement action. a.e. A Responsible Party aggrieved by a decision by the Building Commissioner pursuant to this Subsection D may appeal to the Zoning Board of Appeals within thirty (30) days of the decision. Appeals to the Zoning Board of Appeals shall be delivered in accordance with Massachusetts General Laws c. 40A § 15. E. E. Home occupation by special permit. The Zoning Board of Appeals may allow by special permit, subject to the provisions of § 240-125C herein, a home occupation subject to the specific standards for such conditional uses as required in this section: (1) Home occupations shall comply with all of the requirements of Subsection BC(1) through Town of Barnstable, MA § 240-46 § 240-46 Downloaded from https://ecode360.com/BA2043 on 2025-10-29 C(20) above, except the Zoning Board of Appeals may allow by special permit the following waivers from the requirements of Subsection B above. (a) The Zoning Board of Appeals may allow an activity to exceed 20% of a dwelling's gross floor area by special permit but at no time shall allow a home occupation to occupy more than 40% of a dwelling's gross floor area. (b) The Zoning Board of Appeals may allow one nonilluminated wall sign not exceeding two square feet in area by special permit. (c) The Zoning Board of Appeals may allow more than one nonresident employee to be employed on the premises of a home occupation but at no time shall a home occupation allow for greater than two nonresidents of the household to be employed on the premises at the same time. (d) The Zoning Board of Appeals may allow the parking of one work vehicle capable of being operated under a Massachusetts Class B license related to the home occupation by special permit. All parking generated by the use by special permit shall be accommodated off-street, screened by a physical or natural barrier so not to be seen from a public way. (e)(d) Home occupations shall not include the uses listed in Subsection BC(2015) above. However, The Zoning Board of Appeals may allow activities that may not be customary within a dwelling, provided that the activity meets the intent as specified herein. (e) The Zoning Board of Appeals may allow a home occupation use to be located within an accessory structure which may occupy greater than 200 square feet of the accessory structure, on the same lot as the primary residential dwelling unit occupied by the applicant, provided that. Such use within an accessory structure may occupy greater than 200 square feet by special permit but at no time shall the use within the accessory structure occupy an area within an accessory structure that is greater than 25% of the square footage of the primary residential dwelling unit occupied by the applicant. (f) An additional commercial vehicle and/or trailer associated with a second Home Occupation. (2) Home occupations requiring a special permit shall require Article IX, Site Plan Review. (3) Any special permit granted by the Zoning Board of Appeals shall be issued solely to the applicant at his or her residence, and shall not be transferable to another person, or to another location.